An indictment containing both validly and invalidly authorised counts is severable; a defect in authorisation affecting one count does not render the entire indictment a nullity or deprive the court of jurisdiction over the remaining validly authorised counts. Where a state court exercises federal jurisdiction, non-compliance with state procedural law applicable only through s 68(1) of the Judiciary Act cannot invalidate the investment of federal jurisdiction under s 68(2). The power to amend defective indictments under s 21 of the Criminal Procedure Act 1986 (NSW) is inconsistent with the proposition that a defective count renders the entire indictment incapable of conferring jurisdiction.
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